PRIVACY POLICY FOR THE PROCESSING OF PERSONAL DATA PURSUANT TO ARTICLES 13 AND 14 OF REGULATION (EU) 2016/679 ("GDPR") AND LEGISLATIVE DECREE NO. 196 OF JUNE 30, 2013 "PERSONAL DATA PROTECTION CODE" (AS AMENDED BY LEGISLATIVE DECREE NO. 101/2018)
Web site www.euroricambigroup.com and Euroricambigroup APP
Dear User,
In compliance with the applicable personal data protection legislation, FA.TA. RICAMBI S.p.A. (“FA.TA”), a holding company of the EURORICAMBI GROUP consisting of subsidiaries and/or affiliates (specifically, Euroricambi S.p.A., AM Gears S.r.l., Eurotec S.r.l. and Lambert Getriebeteile GmbH), hereby provides you with this Privacy Policy. This document contains important information regarding the processing of personal data of users (registered or unregistered) who visit this website and/or use the related App (hereinafter collectively referred to as the "Platform").
FA.TA. acts as the Data Controller for personal data collected and/or acquired through the Platform, and/or as a Data Processor, appointed by the same subsidiaries and/or affiliates, for the processing of data collected and/or acquired directly or indirectly by those subsidiaries and/or affiliates.
For the purposes of the foregoing, "Personal Data Protection Legislation" refers to Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter "GDPR"), Legislative Decree no. 196/2003 (the Italian Personal Data Protection Code), as amended and adapted by Legislative Decree no. 101/2018 (hereinafter "Privacy Code") and any further legislative provisions, acts, or regulations in force from time to time regarding personal data protection.
In accordance with articles 13 and 14 of the GDPR, we hereby inform you of the following.
By using the Platform, utilizing the services provided through it, and interacting with FA.TA. and/or other companies within the EURORICAMBI GROUP (specifically the subsidiaries and/or affiliates Euroricambi S.p.A., AM Gears S.r.l., Eurotec S.r.l. and Lambert Getriebeteile GmbH), you declare that you have read and understood this Privacy Policy and agree to the processing of your personal data in accordance with the provisions herein.
1. TYPES OF DATA PROCESSED
Personal data collected and/or implicitly acquired through the use of Internet communication protocols, or voluntarily provided by the User by filling out registration screens, forms, or while using the App’s features, may be processed in compliance with Personal Data Protection Legislation, based on principles of fairness, lawfulness, transparency, and confidentiality.
The processed data may include, but is not limited to, the following categories:
a. browsing and Platform usage data: such as IP addresses, log data, domain names, and other parameters related to the computers, operating systems, and IT environments used, as well as data regarding the User's interaction with the App interface (e.g., features used, pages visited) and system logs related to application crashes and performance errors;
b. Data voluntarily provided by the User to use the services: (i) personal data, identification, contact, and access data, such as name, surname, email address, telephone number, and login credentials for the App (including authentication tokens or third-party login identifiers, e.g., social login); (ii) any content, files, documents, or information actively uploaded or entered by the User while using the App's features and services; (iii) data collected for negotiating, entering into, and executing contracts with the legal entity for which the User operates; (iv) data relating to products and/or services provided by FA.TA. and/or other subsidiaries or affiliates of the EURORICAMBI GROUP; (v) preference data, such as data relating to the User's activities and purchasing habits for products and/or services or customized settings within the App; (vi) payment and banking data, such as bank account or IBAN numbers; (vii) data acquired from public sources, such as data on representatives and proxies collected through Chambers of Commerce or commercial information services; (viii) third-party data provided by the User (hereinafter collectively referred to as "Personal Data").
Further information on the use of cookies and other tracking technologies, and how to control them, can be found in the Cookie Policy available on the Platform.
FA.TA. does not request Users to disclose special categories of personal data (such as sensitive data relating to health, political opinions, sexual orientation, etc.). Should the processing of such information become necessary for specific App features, FA.TA. will obtain the User's specific and separate consent in advance.
The intentional collection or retention of Data relating to minors is not part of FA.TA. policy.
2. PURPOSES OF DATA PROCESSING, LEGAL BASIS AND NATURE OF PROVISION
"Processing" of personal data means any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, erasure, or destruction.
Personal data will be processed as part of the business activities of FA.TA. and/or the subsidiaries and/or affiliates of the EURORICAMBI GROUP (specifically Euroricambi S.p.A., AM Gears S.r.l., Eurotec S.r.l. and Lambert Getriebeteile GmbH) for the following purposes:
a. provision of App services and fulfilment of contractual or pre-contractual obligations related to the creation, management, activation, and maintenance of the User's account, execution of the contractual relationship, or delivery of the App features requested by the User (including storing in-app preferences, cloud data saving, sending technical and service notifications necessary for app usage, and managing technical support/assistance), database creation, billing, credit management, and litigation resolution;
b. compliance with regulatory, tax, fiscal, accounting, administrative, and commercial obligations deriving from the activities of FA.TA. and/or the EURORICAMBI GROUP, as well as provisions from Government Authorities and Supervisory Bodies;
c. improvement of browsing on the Platform, monitoring of the App's technical performance, bug/error resolution, and safeguarding IT security (prevention of fraud, cyber-attacks, or abusive use of services);
d. promotional and marketing activities (directly or through third-party providers), sending newsletters and direct marketing communications via email, SMS, MMS, in-app push notifications, paper mail, or telephone regarding products and/or services of FA.TA. and/or other companies within the EURORICAMBI GROUP, conducting customer satisfaction surveys, and performing statistical analyses. This activity may also be carried out following User profiling;
Processing for the purposes under points a) and c) is based on the performance of a contract or pre-contractual measures to which the User is a party (art. 6, par. 1, letter b, GDPR) and on the Controller's legitimate interest in the efficient and secure management of the Platform (art. 6, para. 1, letter f, GDPR); therefore, prior specific consent from the data subject is not required.
Processing for the purpose under point b) is based on compliance with legal obligations to which the Controller is subject (art. 6, par. 1, letter c, GDPR).
Processing for marketing and profiling purposes under point d) is based exclusively on the explicit and optional consent of the data subject (art. 6, par. 1, letter a, GDPR), which the Controller will specifically collect at the time of Data collection.
The provision of personal data for contractual, legal, and security purposes (points a, b, c) is necessary to use the App's services. Failure to provide the data, or any refusal to provide them, will make it impossible to register on the App, access its features, and establish or continue the contractual relationship.
Conversely, providing data for marketing and profiling purposes (point d) is entirely optional, and the User may withdraw consent or cancel his registration at any time without any impact on the primary services.
3. RECIPIENTS OF THE PROCESSING
For the aforementioned purposes, personal data may be disclosed to third parties acting as Data Processors (art. 28 GDPR) or independent Data Controllers, falling within the following categories: professionals or companies in charge of the development, maintenance, technical management, and hosting of the IT and cloud infrastructure supporting the App (e.g., cloud service providers, server providers, crash/error monitoring services); professional or service firms for legal, tax, accounting, or corporate advice; System Administrators; banks and/or credit institutions; insurance companies, Public Entities, Public Authorities, or Administrations; entities appointed as Data Processors, representatives, employees, or other collaborators of the Controller and/or the Processor(s), acting as designated and/or authorized persons to process personal data.
The aforementioned recipients may also include parent companies, subsidiary, and/or affiliate companies belonging to the corporate group of which FA.TA. is a part (specifically, Euroricambi S.p.A., AM Gears S.r.l., Eurotec S.r.l. and Lambert Getriebeteile GmbH), dealers, or commercial partners of the companies belonging to the EURORICAMBI GROUP, where disclosure is necessary to execute a contract or pre-contractual activities initiated by a specific request from the User.
Personal data will not be disseminated to unspecified parties.
Should the aforementioned providers or cloud services be located or process data in countries outside the European Union (non-EU/EEA), FA.TA. guarantees that the transfer will take place exclusively in accordance with Chapter V of the GDPR - namely, based on adequacy decisions of the European Commission or Standard Contractual Clauses (SCC) approved by the European Commission, designed to ensure an adequate level of protection.
4. PROCESSING METHODS AND DATA RETENTION PERIOD
The processing of personal data will be carried out using appropriate tools to guarantee security and confidentiality, primarily through automated computer and electronic means, and, where necessary, in paper format, in compliance with appropriate security measures as provided by art. 32 of the GDPR.
FA.TA. employs physical, electronic, and administrative security measures to ensure that data are stored securely, accurately, and kept up to date. However, the User acknowledges that data transmission over the Internet (including email communications) is never completely secure. FA.TA. makes every effort to protect personal data within its own infrastructure but cannot guarantee the absolute security of data during transmission over the Internet by the User.
Personal data will be retained for the period strictly necessary to achieve the purposes for which they were collected. Specifically: (i) account and App usage data will be kept for the entire duration of the service usage by the User and until a request for account deletion is made; (ii) data related to accounting, tax, and contractual obligations will be kept for the legally prescribed statutory period; (iii) data processed for marketing and profiling purposes will be retained until the User withdraws consent or within the maximum limits permitted by the guidelines of the Supervisory Authorities.
5. RIGHTS OF DATA SUBJECTS
We inform you that, as a "Data Subject," you may exercise your rights under articles 15 et seq. of the GDPR at any time. In particular, you have the right to request and obtain: (i) access to your personal data and information regarding their processing; (ii) rectification of inaccurate data or integration of incomplete data; (iii) erasure of data (right to be forgotten) if one of the grounds provided for in art. 17 of the GDPR applies; (iv) restriction of processing in the cases provided for in art. 18 of the GDPR; (v) data portability in a structured, commonly used, and machine-readable format; (vi) objection to processing, at any time, for reasons related to your particular situation or in the case of processing for direct marketing purposes (including profiling); (vii) withdrawal of consent previously granted, without affecting the lawfulness of processing based on consent before its withdrawal; (viii) the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
To exercise these rights, you may contact FA.TA. by sending a written request to the address Via Chiesaccia, n. 5 – 40053 Valsamoggia (Loc. Crespellano) – Bologna, Italy or via email to: [email protected].
6. DATA CONTROLLER AND PROCESSOR(S)
The Data Controller is:
FA.TA, with registered office at Via Chiesaccia, n. 5 – 40053 Valsamoggia (Loc. Crespellano) – Bologna, Italy, in the person of its pro-tempore legal representative.
FA.TA. is also appointed as Data Processor for personal data by the EURORICAMBI GROUP companies, and specifically by the subsidiaries and/or affiliates Euroricambi S.p.A., AM Gears S.r.l., Eurotec S.r.l. and Lambert Getriebeteile GmbH.
The updated list of external Data Processors and persons authorized/designated to process data can be consulted at the Controller's registered office mentioned above.
This privacy policy may be subject to changes over time, also in view of the introduction of new App features or legislative developments. Any significant changes will be communicated to Data Subjects through specific notices or notifications within the App or on the Platform.
Yours faithfully,
FA.TA. RICAMBI S.p.A.